Legal Opinion

Bernier v. Shah

Appellate Division of the Supreme Court of the State of New York

Decided September 26, 2014Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by an order of the Supreme Court, Erie County [Henry J. Nowak, Jr., J.], entered January 22, 2014) to review a determination of respondent. The determination denied petitioner’s request for a modular wheelchair ramp.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to review respondent’s determination made after a fair hearing…

2Cases cited5 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Gaines v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1997
  3. Elcor Health Services, Inc. v. NovelloNew York Court of Appeals · 2003
  4. Coffey v. D'EliaNew York Court of Appeals · 1983
  5. Taher v. NovelloAppellate Division of the Supreme Court of the State of New York · 2000

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